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    Service Level Agreement

    SLA

    Service Level Agreement e Disclaimer Policy Crea Solution

    Crea Solution Service Level Agreement and Disclaimer Policy
    With this Service Level Agreement (SLA) and Disclaimer Policy, Crea Solution intends to define the reference parameters of quality, reliability, and security of its products and services provided to the customer.

    This document forms an integral part of the Contract entered into between Crea Solution and the Customer who has purchased the services.

    Any additional terms and conditions and/or terms differing from those contained in the Offer and in this SLA shall in no way be binding on Crea unless expressly accepted by Crea in writing.

    Without prejudice to Crea’s commitment to perform the services with care, professionalism, and in accordance with what is described in the Contract Documents, unless expressly agreed otherwise between the parties, the execution times for the Services and the delivery times for the Products covered by the contract are purely indicative and non-essential; therefore, the Customer undertakes to accept the performance of the Services and the delivery of the products even if delayed.

    Travel costs
    All travel costs incurred by Crea personnel to the customer’s premises or to any other locations indicated by the customer shall always and in any case be borne exclusively by the customer.

    Liability
    The Customer undertakes to use software and hardware in compliance with the instructions provided by Crea Solution during training.

    Crea Solution shall not be liable for any damage possibly suffered by the customer as a result of the use or improper use of any hardware, software, or any product supplied.

    Crea Solution shall not be liable for any damage suffered by the Customer due to installation, maintenance, or any software or hardware activity carried out by an unauthorized technician.

    Crea Solution shall under no circumstances be held liable for any damage suffered by the customer arising from loss of profit, business interruption, loss of business, or loss of commercial opportunities.

    The Customer accepts the software “as is” at the time of purchase (as viewed and tested during the demo), and any modification or additional development requested, such as developments, customizations, or integrations, shall be billed as “Software Projects.”

    Software installation: At an additional cost, Crea Solution will provide assistance and support for software installation.

    Support for PC compatibility tests: Upon request and for a fee, Crea Solution will carry out intensive tests on the customer’s PCs to verify compatibility with the programs. In any case, the PCs must meet the minimum requirements available here.

    Withdrawal from contracts

    In the event of delays in the delivery and installation of the sold systems due to issues or at the client’s discretion, the client shall not be entitled to withdraw from the contract and shall remain obligated to pay all amounts due (including machinery and all related costs, without exception).

    New customers
    Welcome letter and customer data

    Upon signing and sending the purchase contract, the customer is required to complete the online form regarding customer data (https://www.creasolution.it/benvenuto-in-crea) with their own details and those of the company. Once completed, the customer will receive a Welcome Letter containing useful contacts and important information.

    Warranty
    Software systems are not covered by any warranty; all major releases, minor releases, and bug-fixing activities are covered by the optional software evolution contract.

    Ordinary and extraordinary support services
    Ordinary support means operator support for the pure software and for the correct use of the software environment. If the term “Support” is indicated in commercial offers/orders, it shall automatically mean ordinary support, unless otherwise specified.

    Anything concerning data exchange between the Crea Solution solutions covered by the software project and other systems (for example ERP, CRM, E-commerce, Business Intelligence, etc.), analysis, development, and all Crea Solution services, is considered extraordinary support; extraordinary support costs shall be calculated based on the hours of work required and billed to the customer.

    From the beginning of the relationship, the customer is informed that the technical support team shall have the right to determine whether a request falls within ordinary support or whether it constitutes extraordinary support.

    SOFTWARE SUPPORT


    The CUSTOMER may contact the CREA SOLUTION Support Service by phone or in writing (email or through the dedicated form on the Crea Solution website https://www.creasolution.it/en/support/) describing the problems that may arise during the normal use of the application programs covered by the above-mentioned contract.

    Guaranteed response and intervention times; support contract

    Response time is the time taken by Crea to receive a service request.

    Resolution time is the time taken to solve the problem.

    Customer without a support contract

    If the customer has not subscribed to the software support contract, they may still contact the Crea Solution team via the email address supporto@creasolution.it, or by calling +39 051 734777 from Monday to Friday (9:00–13:00 and 14:00–18:00). The Crea Solution team will evaluate the support request and, once payment has been made, the request will be handled by a Crea technician.

    The minimum billable amount shall always be 1 (one) hour.

    Customer with an active support contract

    Support contracts are considered “per license”; Crea Solution reserves the right to amend the above rates in line with increases in the ISTAT index.

    If the customer has subscribed to and is paying for a software support contract, they shall be entitled to priority handling of their support requests compared to customers who have not subscribed to any support contract. Contact methods shall be via the email address supporto@creasolution.it, or by calling +39 051 734777 from Monday to Friday (9:00–13:00 and 14:00–18:00).

    The subscription of software support contracts commits the customer to a minimum period of three years, after which renewal will be tacitly renewed from year to year. Any termination notice must be sent by registered mail or certified email (PEC) 90 days before the natural expiry dates (3 years and subsequently 1 year). The software evolution contract entitles the customer to receive major and minor software versions produced and released by Crea Solution (excluding system software such as operating systems or any database licenses) during the period covered by the contract and in relation to the licenses in use.

    The software may contain anomalies that make resolution times lengthy; Crea reserves the right to decide whether such anomalies are to be considered “blocking” or “non-blocking” for the company’s business processes. Crea undertakes to ensure that, in the event of a “blocking” error, the company can resume operations as quickly as possible.

    Problem escalation procedure

    Response times are the times from receipt of a request from the customer until the Crea Solution specialist technician provides feedback to the customer and thereby starts the problem-resolution process.

    Intervention times are the times within which Crea Solution will start a comprehensive process for resolving the problem (e.g. a workaround, a software patch/fix, or a specific implementation).

    Only the time falling within business support hours will be counted (Monday to Friday, excluding public holidays, from 9:00 to 13:00 and from 14:00 to 18:00), or even extended hours provided they have been agreed.

    All services will be handled and completed by a Crea Solution professional, who will be the main contact and will also be responsible for verifying the success or proper outcome of the process with the reference person at the Customer’s premises. Only at that point shall the service be deemed completed.

    Types of software malfunction

    “Critical” malfunction: possible total blockage or inactivity of the application.

    “Severe” malfunction: a sequence of processes is interrupted, or the application does not operate regularly or can only operate with limitations, or there is a possible loss of data.

    “Functional” fault: a situation in which the execution of individual functions is hindered, but alternative solutions are possible; for example, functions that should work automatically can still be performed/checked manually.

    “Minor” defect: a small malfunction with no significant consequences and not causing limitations to functionality, for example display errors in images.

    The customer shall classify the malfunction category when informing Crea Solution of the problem. The report relating to the problem will then be analyzed by a Crea Solution contact person. If the assessment of the type of malfunction is confirmed, the classification reported by the customer will be applied, provided the customer can supply the corresponding documentation.

    The customer undertakes to provide all necessary support in handling the malfunction, including appointing a contact person for assistance during verification/execution of the malfunction. A remote access tool to the system must then be made available, subject to available resources and the current state of technology.

    Response times:

    • Critical malfunction: receipt of the problem report + 2 hours
    • Severe malfunction: receipt of the problem report + 4 hours
    • Functional fault: receipt of the problem report + 8 hours
    • Minor defect: receipt of the problem report + 12 hours

    Intervention times:

    • Critical malfunction: start of intervention + 8 hours
    • Severe malfunction: start of intervention + 12 hours
    • Functional fault: within the time necessary for the release of a bug-fix release
    • Minor defect: within the time necessary for the release of a bug-fix release

    Time guarantee: The agreed times may not be guaranteed if, based on the problem report, it is found that the cause of the malfunction lies outside Crea Solution’s responsibility (for example assignment of user authorizations/permissions, Windows updates, hardware problems on the customer’s PC, etc.), or if it is due to third-party systems/programs (for example if external servers are involved). This also applies, in principle, where the contact person appointed by the Customer cannot be reached within a reasonable time.

    Free remote desktop sharing

    In the case of online assistance, the customer, provided with the IT and telecommunications tools required and approved by CREA SOLUTION, may directly access the CREA SOLUTION remote assistance service. In this latter case, the CREA SOLUTION contact person may take control of the situation that originated the request and directly support the CUSTOMER’s operator. In order to guarantee the necessary level of confidentiality of information and data, it shall always be the CUSTOMER who contacts the CREA SOLUTION assistance service, and CREA SOLUTION undertakes to ensure total confidentiality in the handling of the CUSTOMER’s files by its specialized personnel.

    If necessary, support will be provided through Crea Solution’s Remote Control Software. Crea Solution will provide a high-performance Internet connection for support purposes at no cost. The Customer shall be responsible for making the required Internet connection available at its premises. Only the costs normally provided for the Internet connection and any additional telecommunications costs shall be borne. Crea Solution will provide the Remote Control Software free of charge; installation support and training on its use will be free of charge for qualified users. The customer’s remote desktop sharing tools may also be used, and the corresponding additional work required by Crea Solution (maintenance time, installation, etc.) shall be charged based on the work carried out. In the event of a failure of the Customer’s specific tools, Crea Solution assumes no liability for any delays in response times.

    VPN connections

    In certain circumstances it will be necessary to establish a VPN connection between Crea Solution and the Customer. Crea Solution has suitable tools available for this purpose. The customer’s VPN tools may also be used; the corresponding additional work required from Crea Solution (maintenance time, installation, etc.) shall be charged based on the work performed. Experience has shown that certain VPN solutions made available by Customers that disable local network connections effectively make online support impossible.

    SOFTWARE EVOLUTION


    Customers without an active software evolution contract

    If the customer does not have an active software evolution and update contract, they shall still be entitled to receive the minor and major releases produced or issued by Crea Solution following a commercial offer (excluding system software such as operating systems or any database licenses).

    Updates will be made available to the customer through download or sent by email. Normal technical installation services and any training on new releases are not included.

    Documents called “what’s news” indicating the new tools added to the programs may however be provided. Evolutions require the customer to verify their current hardware systems (PCs).

    Customers who have subscribed to an evolution contract

    Support contracts are considered “per license”; Crea Solution reserves the right to amend the above rates in line with increases in the ISTAT index.

    If the customer is paying for a software evolution and update contract for a specific license, they shall be entitled to receive minor and major software versions produced or issued by Crea Solution relating to that license (excluding system software such as operating systems or any database licenses) during the term of the contract. Updates may be made available to the customer by email or shared via link. Normal technical installation services and any training on new releases are not included. Such additional support services shall be billed according to list rates. The Customer is required to regularly access the website creasolution.com to check for the release of any new software versions.

    Validity. The subscription of software evolution contracts commits the customer to a minimum period of three years, after which renewal will be tacitly renewed from year to year. Any termination notice must be sent by registered mail or certified email (PEC) 90 days before the natural expiry dates (3 years and subsequently 1 year). The software evolution contract entitles the customer to receive major and minor software versions produced and released by Crea Solution (excluding system software such as operating systems or any database licenses) during the period covered by the contract and in relation to the licenses in use.

    Software releases

    Crea Solution may publish news on its website regarding updated software versions. The software executables will be sent by email or shared via link. Once the executable of the new version has been downloaded, the customer must contact Crea Solution through the email address supporto@creasolution.it, or by calling +39 051 734777, in order to schedule a paid installation by technicians.

    TERMINATION OF SUPPORT AND EVOLUTION CONTRACTS


    Without prejudice to the obligation of the parties to comply with the clauses of this contract, it is agreed that the same shall be deemed immediately and automatically terminated, without the need for notice, in the following cases:

    state of insolvency

    moreover, and notwithstanding any clause to the contrary in this contract, CREA SOLUTION s.r.l. may terminate this contract as of right and without notice in the event of non-payment by the CUSTOMER of the sum due to CREA SOLUTION s.r.l. under the terms of this contract, fifteen (15) calendar days after the date of receipt by the CUSTOMER of formal notice of default from CREA SOLUTION s.r.l. by registered letter with return receipt

    breach of confidentiality obligations

    Either party may also terminate this contract as of right and without any notice in the event that the other party fails to comply with the obligations imposed under this contract.

    Exclusions

    Under this contract, CREA SOLUTION s.r.l. has an obligation of means and result limited to the provision of the services described in the paragraph Obligations of CREA SOLUTION s.r.l. These services cannot be ensured in the following circumstances:

    Improper use or use not compliant with the recommendations of CREA SOLUTION s.r.l., including as a consequence of the lack of or inadequate training of the CUSTOMER’s operating personnel

    Fabric parameterization (this service is charged at an hourly rate)

    Failure by the CUSTOMER to comply with the operating, installation, and environmental conditions prescribed by CREA SOLUTION s.r.l., or with any corrective measures proposed by CREA SOLUTION s.r.l. under this contract

    Failure of the power supply system or air conditioning, or more generally any incident whose origin lies outside the programs themselves

    Computer virus infections contracted through the import of programs or data from third parties or through Internet communications carried out outside professional use with CREA SOLUTION s.r.l.

    Damage occurring during the movement of the programs

    If telephone assistance or support provided through the remote connection is not sufficient to provide a comprehensive answer or to solve the problem submitted by the CUSTOMER, CREA SOLUTION s.r.l. shall in no case be obliged to provide assistance at the CUSTOMER’s premises. However, at the CUSTOMER’s request, CREA SOLUTION s.r.l. may provide a customized service at the CUSTOMER’s premises. This service, as well as any possible non-required performance by CREA SOLUTION s.r.l. (see all points relating to exclusions) under this contract, shall be billed by CREA SOLUTION s.r.l. to the CUSTOMER according to the rates in force at the time of the intervention.

    SOFTWARE AS A SERVICE (SAAS)


    The purchase of Crea Solution SaaS software includes, at no additional cost, the following services:

    Online Technical Support: According to the terms of the active support contracts

    Software Evolution: According to the terms of the active evolution contracts

    NB: The purchase of On-Premise software does not include Online Technical Support or Software Evolution services, which must be activated separately through annual fees.

    Validity. The subscription of SaaS software contracts commits the customer to a minimum period of three years, after which renewal will be tacitly renewed from year to year. Any termination notice must be sent by registered mail or certified email (PEC) 90 days before the natural expiry dates (3 years and subsequently 1 year). The software evolution contract entitles the customer to receive major and minor software versions produced and released by Crea Solution (excluding system software such as operating systems or any database licenses) during the period covered by the contract and in relation to the licenses in use.

    Access to support and evolution services is guaranteed exclusively to customers whose SaaS fee payments are up to date. In the event of unpaid or overdue invoices, Crea Solution reserves the right to suspend the provision of services until the accounting position has been regularized, without this giving rise to any right to refunds or contractual extensions.

    Software releases

    Crea Solution may publish news on its website regarding updated software versions. The software executables will be sent by email or shared via link. Once the executable of the new version has been downloaded, the customer must contact Crea Solution through the email address supporto@creasolution.it, or by calling +39 051 734777, in order to schedule a paid installation by technicians.

    Changes to License prices

    Crea Solution reserves the right to change the prices and license conditions relating to SaaS software at its sole discretion and without notice to users. Such changes may include, but are not limited to, variations in subscription costs, usage fees, licenses per number of users, or any other financial or contractual aspect.

    Crea Solution undertakes to notify users of such changes by appropriate means, but shall not be obliged to do so.

    TEX DEFINE SOFTWARE

    SQL Services – Optional

    Crea Solution professionals are experts in Microsoft SQL Server, since PLM databases frequently operate steadily and easily on this type of database server. In this regard, we are able to offer remote maintenance and a hotline service, and to monitor the system regularly and proactively.

    Infrastructure optimization

    Is your infrastructure optimized for the solutions proposed by Crea Solution? Our specialists can check your servers and your network system and, for a fee, support you in the optimization process.

    Administrator-level support

    All support and consulting work for the PLM administrator (developer license) for expert users (administrators) is generally provided for a fee.

    Mutual agreement for the development of additional functions

    Mutual acceptance of the development of additional functions is required if good and regular operation of the application is to be guaranteed, together with the maintainability of your functions that have been further developed. All changes made must be accepted by Crea Solution (for a fee) and, conversely, you must provide a guarantee on the quality of the changes that Crea Solution will carry out on your individual environment (examples include agents, scripts, interfaces, add-ins, etc.). This mutual collaboration is the only way to guarantee you the best service for your activities.

    Additional consulting work or other services

    At agreed times the Customer may receive additional consulting and other services (such as programming activities) as a preferred customer. These services are provided for a fee. Examples include:

    General support for administrators and developers, including training and advice on implementation, etc.

    Conceptualization, modification, or troubleshooting relating to your custom application or configuration (for example database changes or form adaptations).

    Conceptualization, consulting, implementation, and maintenance of individual interfaces, agents, scripts, and program functions.

    Instruction and training in the use of specific parts of the program, interrelationships, or behaviors of software functions that would usually be part of full training.

    Guaranteed response and intervention times; support contract


    Customers without a support contract

    If the customer has not subscribed to the software support contract, they may still contact the Crea Solution team via the email address supporto@creasolution.it, or by calling +39 051 734777 from Monday to Friday (9:00–13:00 and 14:00–18:00). The Crea Solution team will evaluate the support request, which will then be handled by a technician for a fee.

    The minimum billable amount shall always be one (1) hour.

    Customers with an active support contract

    Support contracts are considered “per license”; Crea Solution reserves the right to update the above rates in line with increases in the ISTAT index.

    If the customer has subscribed to and is paying for a software support contract, they shall be entitled to priority handling of their support requests compared to customers who have not subscribed to any support contract. Contact methods shall be via the email address supporto@creasolution.it, or by calling +39 051 734777 from Monday to Friday (9:00–13:00 and 14:00–18:00).

    The proper operation of software produced by Crea itself is guaranteed, with the commitment, in the event of anomalies, to restore its functionality without requesting additional charges. However, the software may contain anomalies that make resolution times lengthy; Crea reserves the right to decide whether such anomalies are to be considered “blocking” or “non-blocking” for the company’s business processes. Crea undertakes to ensure that, in the event of a “blocking” error, the company can resume operations as quickly as possible.

    In the event that the customer does not have an active contract and/or is in default with payments, the previous clause shall not be considered valid.

    Problem escalation procedure

    Response times are the times from receipt of a request from the customer until the Crea Solution specialist technician gives feedback to the customer and thereby starts the problem-resolution process.

    Intervention times are the times within which Crea Solution starts a comprehensive process for resolving the problem (e.g. a workaround, a software patch/fix, or a specific implementation).

    Only the time falling within business support hours, or even extended hours provided they have been agreed, shall be taken into account. All services will be handled and completed by a Crea Solution professional, who will be the main contact and will also be responsible for verifying the success or proper outcome of the process with the reference person at the Customer’s premises. Only at that point shall the service be deemed completed.

    Types of malfunctions:

    “Critical” malfunction: possible total blockage or inactivity of the application.

    “Severe” malfunction: a sequence of processes is interrupted, or the application does not operate regularly or can only operate with limitations, or there is a possible loss of data.

    “Functional” fault: a situation in which the execution of individual functions is hindered, but alternative solutions are possible; for example, functions that should work automatically can still be performed/checked manually.

    “Minor” defect: a small malfunction with no significant consequences and not causing limitations to functionality, for example display errors in images.

    The Customer classifies the malfunction category when informing Crea Solution of the problem. The report relating to the problem will then be analyzed by a Crea Solution contact person. If the colleagues agree with the classification of the type of malfunction, the classification reported by the customer will be applied, provided the latter can supply the corresponding documentation. The Customer undertakes to provide all necessary support to handle the malfunction, including appointing a contact person for assistance during verification/execution of the malfunction. A remote access tool to the system must then be made available, subject to available resources and the current state of technology.

    Response times:

    Critical malfunction: receipt of the problem report + 2 hours
    Severe malfunction: receipt of the problem report + 4 hours
    Functional fault: receipt of the problem report + 8 hours
    Minor defect: receipt of the problem report + 12 hours

    Intervention times:

    Critical malfunction: start of intervention + 8 hours
    Severe malfunction: start of intervention + 12 hours
    Functional fault: within the time necessary for the release of a bug-fix release
    Minor defect: within the time necessary for the release of a bug-fix release

    Time guarantee: The agreed times may not be guaranteed if, based on the problem report, it is found that the cause of the malfunction lies outside Crea Solution’s responsibility (for example assignment of user authorizations/permissions, etc.), or if it is due to third-party systems/programs (for example if external servers are involved). This also applies, in principle, where the contact person appointed by the Customer cannot be reached within a reasonable time.

    Free remote desktop sharing

    If necessary, support will be provided through Crea Solution’s Remote Control Software. Crea Solution will provide a high-performance Internet connection for support purposes at no cost. The Customer shall be responsible for making the required Internet connection available at its premises. Only the costs normally provided for the Internet connection and any additional telecommunications costs shall be borne. Crea Solution will provide the Remote Control Software free of charge; installation support and training on its use will be free of charge for qualified users. The customer’s remote desktop sharing tools may also be used, and the corresponding additional work required by Crea Solution (maintenance time, installation, etc.) shall be charged based on the work carried out. In the event of a failure of the Customer’s specific tools, Crea Solution assumes no liability for any delays in response times.

    VPN connections

    In certain circumstances it will be necessary to establish a VPN connection between Crea Solution and the Customer. Crea Solution has suitable tools available for this purpose. The customer’s VPN tools may also be used; the corresponding additional work required from Crea Solution (maintenance time, installation, etc.) shall be charged based on the work performed. Experience has shown that certain VPN solutions made available by Customers that disable local network connections effectively make online support impossible.

    Automatic inclusions

    New licenses, supplementary functions, individual adaptations or customizations in the service, or other variations purchased or requested at a later date, shall automatically be subject to the terms of this Service Contract starting from the following month. The inclusion and addition of the above-mentioned licenses, functions, or variations increases the financial value of the Contract pro rata both in relation to the license units and in relation to the program functions that have been added or modified. In any case, such variation shall be added as an addendum to the existing Service Contract. All other conditions shall remain unchanged.

    CREA SOLUTION CLOUD SOFTWARE


    The Customer accepts the software “as is” at the time of purchase (as viewed and tested during the demo), and any modification or additional development requested, such as developments, customizations, or integrations, shall be billed as Software Projects.

    Service Availability (Uptime)

    Crea Solution guarantees 99.8% Service availability at any time, excluding scheduled maintenance periods and unforeseen interruptions. Scheduled maintenance time is not counted in the calculation of uptime. Scheduled maintenance concerns the activities regularly carried out by Crea Solution to maintain the functionality of Cloud software resources.

    The execution of maintenance operations will be communicated to the Customer by Crea Solution with at least 48 hours’ notice by email sent to the email address indicated during the order/subscription phase. Crea Solution undertakes to make every reasonable effort to perform scheduled maintenance at appropriate times.

    Service Quality

    Crea Solution undertakes to provide a reliable and error-free Service, subject to regular quality checks and continuous improvements.

    Data Protection

    Crea Solution adopts strict advanced security measures to protect Customer data. Data is stored in compliance with the applicable data protection regulations.

    Changes to the Service

    Crea Solution reserves the right to make changes to the Service at any time, but undertakes to promptly notify the Customer of any significant changes.

    Changes to the composition of Licenses

    Crea Solution reserves the right to change, update, or revise the license conditions relating to Cloud software at its sole discretion and without notice to users. Such changes may include, but are not limited to, the addition of new functionalities, the removal of existing functionalities, and updates to system requirements and usage policies. Crea Solution will do its best to notify users of such changes by appropriate means, but shall not be obliged to do so.

    Changes to License prices

    Crea Solution reserves the right to change the prices and license conditions relating to Cloud software at its sole discretion and without notice to users. Such changes may include, but are not limited to, variations in subscription costs, usage fees, licenses per number of users, or any other financial or contractual aspect.

    Crea Solution undertakes to notify users of such changes by appropriate means, but shall not be obliged to do so.

    Contract duration and renewal. Payment of Licenses and termination

    For the purchase of Crea Solution Cloud Software licenses, the user agrees to subscribe to a contract with a minimum duration of one (1) year. This contract shall be automatically renewed upon expiry for periods of one (1) year, unless the user chooses to terminate it in accordance with the cancellation conditions specified in the contract.

    Advance payment of licenses and termination

    The accepted payment method for Crea Solution Cloud Software licenses is direct bank debit (RID) in advance for the full value of all licenses supplied for one (1) year. Users must provide the bank details necessary for activation of payment by direct bank debit and authorize Crea Solution to collect payments in accordance with the contractual terms and the agreed invoicing plan. Users are responsible for ensuring that sufficient funds are available to cover payments and for promptly communicating any changes to the bank details necessary for payment by direct bank debit.

    In the event of breach of the payment terms or of the contract, Crea Solution reserves the right to suspend or terminate access to the Cloud Software application and, in the event of failure to restore payments, to take all necessary legal actions to recover what is owed by the customer, with the addition of expenses that shall be borne exclusively by the customer.

    Termination notice. To request cancellation of the contract and prevent the automatic renewal for the following year, the customer must send written notice by registered mail or certified email (PEC) to Crea Solution at least 60 days before the expiry of the current contractual year.

    SOFTWARE PROJECTS


    The Customer accepts the software involved in the project “as is” at the time of purchase (as viewed and tested during the demo), and any modification or additional development requested, such as developments, customizations, or integrations, shall be billed as Software Projects.

    Any type of customization, development, integration, and any software activity carried out by Crea Solution at the customer’s request is considered a Software Project.

    Within software projects, the Product is often not the predominant part of the costs; rather, the services offered are:

    Analysis and post-analysis report

    In order to have a realistic trace of the overall cost of the project, it is necessary to carry out a careful, paid analysis of the client company’s needs by observing protocols and work processes.

    Business analysis has a cost deriving from the hourly labor cost plus travel costs. Such cost shall be inferred from the technician’s report which, if carried out at the customer’s premises, shall also be signed for acceptance by a representative of the customer.

    The analysis will indicate the time and consequently the costs required to obtain a turnkey project through the POST-ANALYSIS REPORT; however, such times may be subject to change. The POST-ANALYSIS REPORT timings shall be considered purely indicative and not binding. Crea undertakes to be extremely consistent with the post-analysis report produced. The POST-ANALYSIS REPORT provides the customer with optimistic and pessimistic forecasts for the project completion times.

    The client company, for its own evaluation, must however take into account only the methods expressed in the POST-ANALYSIS REPORT.

    3D VISUALIZATOR AND CONFIGURATOR

     

    Timetable. The Services and all Deliverables relating thereto (to the extent Deliverables shall be created under this Agreement) shall be performed and delivered by CREA SOLUTION in accordance with the schedule, implementation milestones, and work phases agreed to by the parties.

    Prior to making delivery to CLIENT of the final version of any Deliverables (also knowen as Technical specifications from Attachment 1) to be provided to CLIENT under this Agreement, CREA SOLUTION shall test and review each of the Deliverables to ensure compliance with the Specifications agreed to by the parties. The parties shall also agree on the scope of an acceptance plan designed to test whether the Deliverables meet the specifications and shall set forth such an acceptance plan. Unless otherwise agreed by the parties and identified in the Quotation, the CLIENT shall have a period of 60 (sixty) days from receipt of the completed version of the Deliverables to test and accept them or advise CREA SOLUTION of any errors or deficiencies. CREA SOLUTION agrees to correct any such identified errors or deficiencies promptly and CLIENT agrees to provide any documentation or error logs it must assist in the diagnosis of the error. Once the identified errors and deficiencies are corrected and CLIENT has confirmed that no other errors and deficiencies have arisen, CLIENT will accept the Deliverables.

    Errors and deficiencies, if any, shall be covered at CREA SOLUTION’s expense. Errors and deficiencies are defined as defaults, i.e., if the configurator does not include attributes and features necessary for the customary use or commercial use, or attributes and features which were expressly agreed between the parties for which the purpose of the configurator functionality.

    Errors and deficiencies do not include any new upgrades or new functionalities that are not explicitly provided under The Quotation. If such new upgrades or new functionalities are requested by the CLIENT and CREA SOLUTION agrees on a new scope of work.

    Change Orders. CLIENT, unless shall have the right, by issuing written instructions, to make reasonable changes in the scope of the Services. If, in the reasonable judgment of CREA SOLUTION, any such changes involve extra cost or require a change in the schedule and implementation milestones already agreed to by the parties, CREA SOLUTION shall notify CLIENT by submitting a proposal for revision of The Quotation, if necessary, within five (5) working days of receipt of CLIENT’s instructions. CLIENT shall notify CREA SOLUTION of its acceptance or rejection of the proposal for revision within five (5) working days of receipt thereof. Unless otherwise agreed by both Parties, work shall proceed under the original terms of the Quotation or their latest applicable revisions, until both parties agree to any new revisions in writing. Both parties will make diligent efforts in good faith to mutually agree to reasonable revisions to the scope and cost of any work performed pursuant to this Agreement. Any new work agreed to by the parties shall be attached as a new Quotation.

    Service Performance Requirements.
    CREA SOLUTION Responsibilities.
    (i). Service Responsibilities. CREA SOLUTION agrees to use commercially reasonable efforts to perform the Services in a timely manner and in accordance with the terms and conditions of this Agreement. CREA SOLUTION agrees to devote such personnel, time, and efforts to the performance of duties and responsibilities under this Agreement as shall reasonably be necessary to achieve the Deliverables, Addendum, implementation milestones, and budget set forth in this Agreement and The Quotation and Addendums attached hereto.

    (ii). Right to Control. CREA SOLUTION has the right to (i) control and direct the means, manner, and method by which the Services are performed, and (ii) perform the Services at any place or location and at such time as CREA SOLUTION may reasonably determine. Notwithstanding the foregoing, however, and unless otherwise agreed to by the Parties, CREA SOLUTION shall (i) observe the working hours, working rules, and policies of CLIENT, and (ii) except as otherwise specified on Addendum A, furnish at CREA SOLUTION’s expense all equipment and materials used to perform the Services, including but not limited to telephone lines, personal computers, servers and modems.

    (iii). Other Work. CREA SOLUTION has the right to perform services for others during the term of this Agreement as long as such other engagement or performance does not interfere in any way with the timely performance of the Services to be performed hereunder.

    CLIENT Obligations. In addition to any other general obligations set forth in this Agreement or obligations specified in the applicable The Quotation CLIENT’s specific responsibilities within the scope of this Agreement, and regarding CREA SOLUTION, are as follows:

    (i). Information. On a reasonable basis, CLIENT shall furnish CREA SOLUTION with any relevant information that pertains to the Services in a timely manner and pursuant to the schedule, implementation milestones, and work phases.
    (ii). Assistance. CLIENT shall reasonably cooperate with any designated CREA SOLUTION team member(s) in the process of information gathering, design, implementation, integration, testing and the delivery of the Services. CLIENT will engage in meetings as reasonably necessary and communicate with CREA SOLUTION team member(s) as reasonably needed by CREA SOLUTION, whether verbally and/ or in writing.
    (iii). Access. CLIENT agrees to grant CREA SOLUTION access to CLIENT’s facilities and appropriate personnel on reasonable notice and during normal business hours (unless otherwise agreed by CLIENT) as is necessary to enable CREA SOLUTION to provide the Services. CLIENT agrees to provide CREA SOLUTION with reasonable assistance as requested by CREA SOLUTION. When the Services are performed on-site at CLIENT’s facility, CLIENT agrees to ensure that client contact or other designated representative of CLIENT is present.

    Representatives

    CLIENT and CREA SOLUTION will each delegate and maintain a representative who will be the primary point of contact of each party in dealing with the other party under this Agreement and will have the specific power and authority to make decisions to be taken by each respective party under this Agreement. Either party may change its representative by giving written notice, pursuant to the terms of this Agreement, to the other representative and an indication of when such change will become effective. In performing its obligations under this Agreement, each party shall be entitled to rely upon any routine instructions, authorizations, approvals, or other information provided by the other party’s representative. As to areas of competency specifically identified by CLIENT’s representative to be within the area of competency of any other CLIENT personnel, from time to time, as having authority to provide the same on behalf of CLIENT in such person’s area of competency, CREA SOLUTION shall be entitled to rely upon any routine instructions, authorizations, approvals, or other information provided to CREA SOLUTION by such designated CLIENT personnel. Neither party shall incur any liability or responsibility of any kind in relying on or complying with any such instructions, authorizations, approvals, or other information provided by the other party’s representative or any other specifically designated party personnel unless either party has specific knowledge of any error, incorrectness, or inaccuracy in such instructions, authorizations, approvals or other information.

    Reporting

    Progress Reports. As requested by CLIENT and upon a mutually agreed upon Addendum to be identified in The Quotation, CREA SOLUTION shall report to CLIENT on all tasks in design, in progress, completed, and problems encountered relating to the Services and/or any Deliverables. CREA SOLUTION shall use an online ticketing tool, where CLIENT can l review, comment on, and approve all tickets, designs, functionality, and tasks. During each such discussion or meeting, CREA SOLUTION shall advise CLIENT in detail of any recommended changes with respect to the remaining Services to be performed or Deliverables to be delivered. Moreover, CREA SOLUTION shall contact CLIENT promptly in writing upon the discovery of any event or problem that might materially delay the provision of the Services and/or Deliverables.

    Service Records. CREA SOLUTION shall maintain full and complete books and records relating to the Services performed under this Agreement while the Services are being performed and for a period of at least twelve months thereafter. No more than twice in a calendar year during the term of this Agreement or twice thereafter during the twelve-month period, CLIENT shall have the right, upon reasonable prior written notice and at its cost, to inspect or audit the books and records and related materials of CREA SOLUTION only to the extent pertaining to the Services. CREA SOLUTION agrees to provide a copy of such relevant records to the CLIENT for review on its premises during normal business hours and upon five (5) business days prior notice should an audit be conducted hereunder.

    Accounting Records. CREA SOLUTION shall maintain complete and accurate accounting records, in a form in accordance with generally accepted accounting principles, to substantiate CREA SOLUTION’s charges and expenses hereunder and CREA SOLUTION shall retain such records for a period of twelve months from the date of final payment. No more than twice in a calendar year during the term of this Agreement or twice thereafter during the twelve-month period, CLIENT shall have the right, upon reasonable prior written notice and at its cost, to inspect or audit the books and records and related materials of CREA SOLUTION only to the extent pertaining to the Services. CREA SOLUTION agrees to provide a copy of such relevant records to CLIENT for review on its premises during normal business hours and upon five (5) business days prior notice should an audit be conducted hereunder.

    Expenses. Although it is not expected that CREA SOLUTION will incur any additional travel or entertainment expenses, CREA SOLUTION shall upon prior estimation of the cost and prior written approval given by the CLIENT’Sbe entitled to reimbursement of the categories of expenses set forth in The Quotation. If such consent was given by the CLIENT, CREA SOLUTION shall invoice CLIENT as set forth herein for expenses incurred as a result of performing Services in accordance with this Agreement.

    Taxes and Benefits. CLIENT shall pay any applicable sales, excise, or similar taxes, which may be applicable to the performance of the Services (if any).

    Proprietary Rights

    CREA SOLUTION’s Ownership. CREA SOLUTION owns all rights, title and interest in and to the Licensed Application and CREA SOLUTION’s trademarks including, without limitation, all intellectual property and other proprietary rights pertaining to the Licensed Application. CLIENT agrees that all data, hardware, software, programming code (source and object), APIs, documentation, technical and training materials, and content relating to Licensed Application provided or disclosed by CREA SOLUTION to CLIENT and its agents for purposes of the Services contemplated by this Agreement shall remain at all times the property of CREA SOLUTION, and CLIENT shall not have any right to use it for any purpose other than what is set forth in this Agreement and related Addendums.

    CLIENT’s Ownership. CLIENT owns all rights, title, and interest in and to the content and trademarks used in conjunction with the Licensed Application or not explicitly set forth herein as owned by CREA SOLUTION, including, without limitation, the following:
    i. All articles, text, media, and other public or member-limited content not present on the platform at project commencement and produced by the CLIENT.
    ii. All user/CLIENT data, profile information (e.g. name and personal information), contact databases, and Customer Data
    iii. All product databases, both in text and visual form.
    iv. Specifically marked designs and logo.
    v. CLIENT and CREA SOLUTION agree that each may use the other in marketing material or as a referenceable account upon written consent and that consent will not be unreasonably denied.

    CREA SOLUTION agrees that upon CLIENT’s final and whole payment as agreed under this Agreement, they will grant the CLIENT a perpetual, non-exclusive, non-revocable, and royalty-free, license for the use of the assets and renders, for use within the CLIENT’s group and its subsidiary companies (if any).

    Third Party Materials. All Third-Party Materials are subject to and have been procured by CREA SOLUTION at its expense in compliance with the terms and licenses prescribed by the third-party vendors. Furthermore, CREA SOLUTION does not make any representation to own the rights to any Third-Party Materials.

    Warranties. CLIENT acknowledges and agrees that it will not distribute the Licensed Application and any related document to any third party without the written consent of CREA SOLUTION. CLIENT shall not subcontract, assign, or sublicense any of its rights or obligations under this Agreement without CREA SOLUTION’s express prior written consent, except in connection with a sale of CLIENT or its business to a third party or to an affiliate of CLIENT. CLIENT may not use the Deliverables (and any component thereof) for any purpose other than using the Services provided by CREA SOLUTION’s Licensed Application.

    Warranties, Representations, and Disclaimer.

    Authority. Each party represents and warrants that it has full power and authority to enter into this Agreement to perform its obligations and to grant any license(s) contained herein.

    Compliance. CREA SOLUTION represents and warrants that its performance under this Agreement does not and shall not violate any applicable law, rule, or regulation or any contracts with third parties. Moreover, the Services and Deliverables (a) will not be performed, created, modified, tested, installed, or delivered in violation of any applicable law, rule, or regulation. Without limiting the generality of the foregoing, CREA SOLUTION shall comply with all data security and privacy laws, rules, and regulations, maintain a commercially reasonable data breach plan, and immediately notify CLIENT of any data breach with respect to CLIENT’s Customer Data.

    Responsibility for Benefits. CREA SOLUTION represents and warrants that CREA SOLUTION shall be responsible for providing, at its expense and in its name, disability, workers’ compensation, or other insurance as well as any and all licenses and permits usual or necessary for conducting the Services described in this Agreement.

    Employees/Subcontractors of CREA SOLUTION. CREA SOLUTION represents and warrants that CREA SOLUTION is liable for the performance of the Services hereunder by its employees and subcontractors.

    Third Party Intellectual Property. CREA SOLUTION represents and warrants that the Deliverables will not violate or in any way infringe upon the intellectual property rights of third parties and CREA SOLUTION has all necessary rights to perform its obligations under this Agreement.

    Industry Standards. CREA SOLUTION represents and warrants that all Services, the Licensed Application, and any other work performed under this Agreement shall be performed in a thorough and workmanlike manner consistent with generally applicable industry standards. The Services, Deliverables, and Licensed Application will be of high quality and free of defects in all material respect. In addition, Deliverables shall be free of any liens and encumbrances or claims of rights by any third party.

    LIMITATION OF LIABILITY.

    EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE DELIVERABLES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CREA SOLUTION DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE DELIVERABLES OR DOCUMENTATION ASSOCIATED THEREWITH IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY SET FORTHIN THIS AGREEMENT, (i) CREA SOLUTION DOES NOT WARRANT THAT THE OPERATION OF THE DELIVERABLES WILL BE UNINTERRUPTED OR ERROR-FREE, AND (ii) CREA SOLUTION IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY FOR HARDWARE, SOFTWARE, OR OTHER ITEMS OR SERVICES PROVIDED BY ANY PERSONS OTHER THAN CREA SOLUTION.

    EACH PARTY (THE “INDEMNITOR”) SHALL INDEMNIFY THE OTHER PARTY (THE “INDEMNITEE”) AND HOLD THE INDEMNITEE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES ARISING FROM(I) THE BREACH OF ANY OF ITS WARRANTIES OR OBLIGATIONS UNDER THIS AGREEMENT, (II) THE DEATH OR INJURY OF ANY PERSON OR PERSONS, INCLUDING EMPLOYEES OF INDEMNITOR, (III) THE DAMAGE OR DESTRUCTION OF ANY PHYSICAL PROPERTY OR PROPERTIES, OR (IV) ANY ACT OR OMISSION ATTRIBUTABLE TO OR RESULTING FROM THE PERFORMANCE OF THIS AGREEMENT BY INDEMNITOR.

    EXCEPT IN CONNECTION WITH A BREACH BY EITHER PARTY OF ITS REPRESENTATIONS AND WARRANTIES OR ITS INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT, NEITHER PARTY HERETO SHALL BE LIABLE TO THE OTHER FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS) WHETHER OR NOT FORESEEABLE AND EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOREOVER, NO CAUSE OF ACTION WHICH HAS ACCRUED MORE THAN TWO (2) YEARS PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED BY EITHER OF THE PARTIES AGAINST THE OTHER.

    Confidentiality

    Confidential Information. “Confidential Information” means any information belonging to either Party that is marked as “Confidential” and/or “Proprietary,” that is acknowledged by the Parties to be valuable, special and unique assets of the disclosing Party, the disclosure of which may be materially damaging, or that otherwise would be logically considered confidential or proprietary to the disclosing party. “Confidential Information” includes, but is
    not limited to, any trade secrets (including without limitation CLIENT’s Customer Data) relating to either party’s business, product or service plans, designs, costs, prices, data, names (including without limitation names of CLIENT’s customers and stylists), finances, marketing plans, business opportunities, personnel, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, codes, research development or know-how including all non-public information embodied in, represented by, compiled or relating to either party, whether having existed, now existing, or to be developed or created in the future, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing.

    Non-Use and Non-Disclosure. The receiving party shall hold all Confidential Information of the disclosing party in trust and confidence and protect it as the receiving party would protect its own confidential information (which, in any event, will not be less than reasonable protection) and shall not use such Confidential Information for any purpose other than as necessary for a party to exercise its rights and perform its obligations hereunder. Unless agreed by the disclosing party in writing, the receiving party shall not disclose any Confidential Information of the disclosing party, by publication or otherwise, to any person other than employees and subcontractors who (i) are bound to written confidentiality obligations consistent with and at least as restrictive as those set forth herein, and (ii) have a need to know such Confidential Information for purposes of enabling a party to exercise its rights and perform its obligations pursuant to this Agreement.

    Exceptions. The obligations specified in this Section shall not apply to any Confidential Information to the extent that it is (i) already known to the receiving party without restriction prior to the time of disclosure by the disclosing party, (ii) acquired by the receiving party from a third party without confidentiality restriction, (iii) independently developed or acquired by the receiving party by employees without access to such
    Confidential Information, (iv) approved for release by written authorization of the disclosing party, (v) publicly available domain at the time it is disclosed or subsequently becomes publicly available through no wrongful action of the receiving party, (vi) furnished to a third-party by the disclosing party without a similar restriction on that third party’s right of disclosure, or (vii) disclosed pursuant to the requirement of a governmental agency or disclosure is permitted or required by operation of law, provided that the receiving party use its best efforts to notify the disclosing party in advance of such disclosure and seeks confidential treatment for such Confidential Information.

    CREA SOLUTION SERVICES

     

    The reading of the service price list (for ERP, PLM, ON DEMAND, E-COMMERCE, MTM, MTO, etc. projects) is to be understood as a per-person cost and not for each individual activity carried out.

    The minimum billable amount shall always be one (1) hour.

    Crea Solution reserves the right to modify the rates indicated in the commercial offer in line with increases in the ISTAT index.

    Please note that any new request for modification, integration, or customization of the project that was not mentioned during the analysis phase may lead to a significant increase in costs; in such case, the increase shall be subject to the customer’s approval. Crea Solution disclaims any liability for any additional costs outside the initial analysis resulting from such changes.

    Support services for Crea Solution projects

    The annual support fee is mandatory starting from installation or from the acceptance test report and, for this reason, may be followed by a specific contract.

    If the customer has subscribed to and is paying for a software support contract, they shall be entitled to priority handling of their support requests compared to customers who have not subscribed to any support contract. Contact methods shall be via the email address supporto@creasolution.it, or by calling +39 051 734777 from Monday to Friday (9:00–13:00 and 14:00–18:00).

    Payment of the fee entitles the customer to actual support on the software.

    Moreover, exclusively for ERP software, it entitles the customer to periodically receive adjustments, as well as any improvements (exclusively on standard, NON-CUSTOMIZED programs).

    Ordinary support

    The ordinary support fee refers to operator support for the pure software and for the correct use of the software environment.

    As regards data exchange between the various solutions covered by the software project and other systems (for example ERP, CRM, E-commerce, Business Intelligence, etc.), all support costs shall be quantified in “working hours.”

    From the outset, the customer must be aware that the persons responsible for technical assistance shall have the right to decide whether the matter concerns ordinary support or support dedicated to resolving problems related to data exchange. Support confirms the timeframe within which the customer’s support call is taken in charge, but does not guarantee the resolution times, which may differ depending on the type of intervention required.

    The software may contain anomalies that make resolution times lengthy; Crea reserves the right to decide whether such anomalies are to be considered “blocking” or “non-blocking” for the company’s business processes. Crea undertakes to ensure that, in the event of a “blocking” error, the company can resume operations as quickly as possible.

    Crea Solution shall in no way be considered liable for any damage of any nature caused by possible defects. Therefore, any form of compensation for damages is excluded.

    Crea Solution also assumes no liability for: bugs and any data inconsistency damage caused by them – inconsistency of data supplied by the customer (or anyone on its behalf) for integration purposes – in the event of installation of the software on pre-existing infrastructure (server, network, or user workstations) or infrastructure not managed by Crea, the correct functioning of the software is not guaranteed in case of hardware/software modifications to such infrastructure.

    Crea Solution guarantees assistance/support on: bugs relating to the customizations and integrations of the Crea Solution system – indications on possible workarounds for a malfunction – configurations and settings – resolution of problems caused by incorrect configurations – advice on the basic use of the software, which can in no case replace training.

    Due to the complexity of information systems, in some cases it is not possible to guarantee an estimate of the time needed for the related resolution.

    By purchasing additional licenses (as an addition to those purchased initially), the customer also accepts the integration of the related support contract for the number of workstations purchased. The same rates as the original support contract shall apply.

    Special support

    Special support concerns support dedicated to import/export problems to and from other systems and other IT software in general. It also concerns support for “agent” software created for the customer’s specific needs, “middleware” software created for its internal integrations, and data control. For this type of support, no subscription contracts are provided and the hourly cost will always be charged to the customer.

    HARDWARE (PLOTTER / CUTTER)


    Installation

    At an additional cost, Crea Solution will provide assistance and support for the installation of hardware systems.

    Welcome letter and customer data

    Upon signing and sending the purchase contract, the customer is required to complete the online form regarding customer data (https://www.creasolution.it/benvenuto-in-crea) with their own details and those of the company. Once completed, the customer will receive (automatic download) a Welcome Letter containing useful contacts and important information.

    Hardware warranty

    The warranty on plotters and automatic cutting machines is valid for 12 months from delivery and covers broken/defective parts recognized by the manufacturer; it does not include travel costs and technician labor hours.

    The warranty on cutting tools for Zund single-ply cutter systems is valid for 6 months from installation and covers broken/defective parts recognized by the manufacturer; it does not include travel costs and technician labor hours.

    PLOTTER HARDWARE SYSTEMS: ALGOTEX AND OTHER BRANDS
    Customer without an active support contract

    If the customer has not subscribed to the support contract, they may still contact the Crea Solution team via the email address supporto@creasolution.it, or by calling +39 051 734777 from Monday to Friday (9:00–13:00 and 14:00–18:00). The Crea Solution team will evaluate the support request, which will then be handled by a technician for a fee.

    The minimum billable amount shall always be 1 (one) hour.

    Customer with an active support contract

    Support contracts are considered “per product”; Crea Solution reserves the right to amend the above rates in line with increases in the ISTAT index.

    If the customer has subscribed to and is paying for a hardware support contract, they shall be entitled to priority handling of their support requests compared to customers who have not subscribed to any support contract. Contact methods shall be via the email address supporto@creasolution.it, or by calling +39 051 734777 from Monday to Friday (9:00–13:00 and 14:00–18:00).

    ON-LINE support contract

    If the customer has subscribed to an ON-LINE hardware support contract, they shall be entitled to remote or telephone support on their hardware at no additional charge. Any technician travel (hourly rate + travel expenses) is not covered by online support and shall be billed at the hourly rate.

    ON-SITE support contract

    If the customer has subscribed to an ON-SITE hardware support contract, they shall be entitled to remote or telephone support on their hardware and to technician time at their premises to resolve the reported problem at no additional charge. Technician travel expenses are not covered by on-site support and shall be billed to the customer.

    Repair

    For customers who have subscribed to the hardware support contract, Crea Solution undertakes to ensure repair interventions that may become necessary, provided they are not attributable to circumstances expressly excluded by the general conditions of this Contract.

    Interventions shall be taken in charge within 16 working hours counted on business days and starting from the telephone call. Interventions may only be requested by the customer on business days, Monday to Friday from 9:00 to 13:00 and from 14:00 to 18:00. Interventions that Crea Solution must carry out under the support contract will be performed between 09:00 and 18:00 on each business day. Any intervention carried out outside these hours must be accepted in advance by Crea Solution. A quotation will be prepared and, if both parties agree, this intervention will give rise to separate invoicing according to the Crea Solution price list in force.

    SUPPLY OF SPARE PARTS
    Crea Solution may provide, at the customer’s request and subject to availability of the material itself, the spare parts necessary to restore operation. Such parts will be billed to the customer at the price list in force at the time of the intervention.

    MULTI-PLY CUTTER HARDWARE SYSTEMS: FK GROUP
    Customer without an active support contract

    If the customer has not subscribed to the support contract, they may still contact the Crea Solution team via the email address supporto@creasolution.it, or by calling +39 051 734777 from Monday to Friday (9:00–13:00 and 14:00–18:00). The Crea Solution team will evaluate the support request, which will then be handled by a technician for a fee.

    The minimum billable amount shall always be 1 (one) hour.

    Customer with an active support contract

    Support contracts are considered “per product”; Crea Solution reserves the right to update the above rates in line with increases in the ISTAT index.

    If the customer has subscribed to and is paying for a hardware support contract, they shall be entitled to priority handling of their support requests compared to customers who have not subscribed to any support contract. Contact methods shall be via the email address supporto@creasolution.it, or by calling +39 051 734777 from Monday to Friday (9:00–13:00 and 14:00–18:00).

    ON-LINE support contract

    If the customer has subscribed to an ON-LINE hardware support contract, they shall be entitled to remote or telephone support on their hardware at no additional charge. Any technician travel (hourly rate + travel expenses) is not included in online support and shall be billed at the hourly rate.

    ON-SITE support contract

    If the customer has subscribed to an ON-SITE hardware support contract, they shall be entitled to remote or telephone support on their hardware and to technician time at their premises to resolve the reported problem at no additional charge. Technician travel expenses are not included in on-site support and shall be billed to the customer.

    Repair

    For customers who have subscribed to the support contract, Crea Solution undertakes to ensure repair interventions that may become necessary, provided they are not attributable to circumstances expressly excluded by the general conditions of this Contract.

    Interventions shall be taken in charge within 16 working hours counted on business days and starting from the telephone call. Interventions may only be requested by the customer on business days, Monday to Friday from 9:00 to 13:00 and from 14:00 to 18:00. Interventions that Crea Solution must carry out under the support contract will be performed between 09:00 and 18:00 on each business day. Any intervention carried out outside these hours must be accepted in advance by Crea Solution. A quotation will be prepared and, if both parties agree, this intervention will give rise to separate invoicing according to the Crea Solution price list in force.

    Supply of spare parts

    Crea Solution may provide, at the customer’s request and subject to availability of the material itself, the spare parts necessary to restore operation. Such parts will be billed to the customer at the price list in force at the time of the intervention.

    ZUND SINGLE-PLY CUTTER HARDWARE SYSTEMS, CRADLES, AND CREA SOLUTION VISION AND PROJECTION HARDWARE


    Given the high reliability of Zund single-ply cutters, single-ply cradles, and hardware components for Crea Solution vision and projection systems, support contracts are not offered to the customer.

    Should any issue arise, the customer may still contact the Crea Solution team via the email address supporto@creasolution.it, or by calling +39 051 734777 from Monday to Friday (9:00–13:00 and 14:00–18:00). The Crea Solution team will evaluate the support request, which will then be handled by a technician for a fee.

    The minimum billable amount shall always be 1 (one) hour.

    Interventions may only be requested by the customer on business days, Monday to Friday from 9:00 to 13:00 and from 14:00 to 18:00. Interventions that Crea Solution carries out will be performed between 09:00 and 18:00 on each business day. Any intervention carried out outside these hours must be accepted in advance by Crea Solution. A quotation will be prepared and, if both parties agree, this intervention will give rise to separate invoicing according to the Crea Solution price list in force.

    Supply of spare parts

    Crea Solution may provide, at the customer’s request and subject to availability of the material itself, the spare parts necessary to restore operation. Such parts will be billed to the customer at the price list in force at the time of the intervention.

    Force majeure

    The obligations of the parties under this contract shall be suspended in the event of a fortuitous event or force majeure such as, in particular, any act issued by a civil or military authority, whether de facto or de jure, strike, fire, flood, water damage, storm and lightning, accident, riot, interruption or delay of means of transport, any event attributable to a third party, or any other circumstance of external cause preventing them, directly or through a third party, from fulfilling such obligations. Either party may terminate this contract without notice and as of right if the effects of the fortuitous event or force majeure last for more than thirty (30) days, by simple notice addressed to the other party by registered letter with return receipt.

    DISPUTES
    Dispute resolution. Competent court

    Any disputes arising in relation to the Service Level Agreement and Disclaimer Policy shall, with Crea’s commitment, preferably be resolved amicably between the parties. Failing resolution, all disputes shall be subject to the exclusive jurisdiction of the Court of Bologna.